This rule addresses what procedures will take place if a grant of conditional medical release must be rescinded or postponed.

 

FLORIDA PAROLE COMMISSION

RULE NO.:RULE TITLE:

23-24.040Conditional Medical Release Postponement and Rescission

PURPOSE AND EFFECT: This rule addresses what procedures will take place if a grant of conditional medical release must be rescinded or postponed.

SUMMARY: The proposed change will update that procedure for what to do if the rescission occurs due to improvement of medical condition.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) there is no requirement for SERC triggered under Section 120.541(1), F.S., and 2) based on direct past experiences with Agency rules, there are no adverse impacts or regulatory costs as defined by the economic analysis criteria set forth in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 947.07 FS.

LAW IMPLEMENTED: 947.149 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sarah Rumph, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

23-24.040 Conditional Medical Release Postponement and Rescission.

(1) Should any person who has been voted a conditional medical release become the subject of inmate disciplinary or classification proceedings, or become the subject of criminal arrest, information or indictment, or should the release plan prove unsatisfactory prior to actual physical release from the institution of confinement or should the Commission receive new information which indicates an improvement in the inmate’s medical condition to the extent that the inmate is no longer “permanently incapacitated” or “terminally ill”, then, any Commissioner can postpone the release date.

(2) through (9) No change.

(10) If the Commission receives information from the Department of Corrections that the inmate no longer qualifies for conditional medical release based on an improvement in the medical condition, a rescission hearing is not required. However, the Commission shall provide written notice to the inmate that release has been rescinded due to a failure to qualify pursuant to Florida Statute, Section 947.149.

Rulemaking Authority 947.07, 947.149 FS. Law Implemented 947.149 FS. History–New 1-5-94, Amended 2-12-13,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sarah Rumph, [phone], [e-mail]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Tena Pate

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 15, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 16, 2014